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ChatterBank2 mins ago
Doing someone a favour.
9 Answers
I was recently driving a transit van for a friend and i was assured the van had a valid MOT and and that my friend had got insurance in my name. While driving this van i was stopped by the police and given a HORT/1 (to produce documents). It has turned out that there is no valid MOT on the van and that my friend did get insurance, but not in my name. I have now received a court summons and already have six points on my license. Will the court come down heavy on me and what penatly am i likely to receive?
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Alas for you, steve is not quite correct.
It is quite right that No Insurance is an �absolute� offence and the onus is upon the driver to ensure beyond doubt that he is covered to drive the vehicle. I have to agree that your �friend� has done you no favours by misleading you, but that will cut no ice.
Where steve is wrong is that No Insurance carries a minimum of six points. If the offence which attracted the earliest of your existing six points occurred three years or less before this one then you will become a �totter�, having accumulated twelve points inside three years.
The magistrates have to impose a mandatory disqualification for a minimum of six month in these circumstances.
There are two alternatives:
1. Instead of awarding points the Bench may decide to disqualify you for this latest offence alone, perhaps for less than six months. In this case you serve the ban and emerge from it with just the six points you already have.
2. You can plead that a totting disqualification will lead to �exceptional hardship�. This is not an easy argument to win. The hardship has to be as described � exceptional. Usually loss of employment as a result of being banned is not considered exceptional enough.
No MoT attracts only a fine. No points or disqualification is available for this offence.
It is quite right that No Insurance is an �absolute� offence and the onus is upon the driver to ensure beyond doubt that he is covered to drive the vehicle. I have to agree that your �friend� has done you no favours by misleading you, but that will cut no ice.
Where steve is wrong is that No Insurance carries a minimum of six points. If the offence which attracted the earliest of your existing six points occurred three years or less before this one then you will become a �totter�, having accumulated twelve points inside three years.
The magistrates have to impose a mandatory disqualification for a minimum of six month in these circumstances.
There are two alternatives:
1. Instead of awarding points the Bench may decide to disqualify you for this latest offence alone, perhaps for less than six months. In this case you serve the ban and emerge from it with just the six points you already have.
2. You can plead that a totting disqualification will lead to �exceptional hardship�. This is not an easy argument to win. The hardship has to be as described � exceptional. Usually loss of employment as a result of being banned is not considered exceptional enough.
No MoT attracts only a fine. No points or disqualification is available for this offence.
Alas no.
Unless you can produce a valid certificate of insurance which covers you to drive the vehicle in question you will be convicted.
It is all to do with the offence being one of absolute responsibility. It is not sufficient (in the eyes of the law) for you to accept the assurance of somebody else however good the faith. You have the responsibility to make absolutely certain (as far as is practical) to see that you are covered. This would normally mean having sight of the Certificate of Insurance before you drive. Anything less than this and your responsibility has not been discharged.
Unless you can produce a valid certificate of insurance which covers you to drive the vehicle in question you will be convicted.
It is all to do with the offence being one of absolute responsibility. It is not sufficient (in the eyes of the law) for you to accept the assurance of somebody else however good the faith. You have the responsibility to make absolutely certain (as far as is practical) to see that you are covered. This would normally mean having sight of the Certificate of Insurance before you drive. Anything less than this and your responsibility has not been discharged.
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